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Divided Fifth Circuit Denies Emergency Stay of Preliminary Injunction on DAPA and Expanded DACA Programs

On May 26, 2015, a divided panel of the Fifth Circuit Court of Appeals denied the federal government's request for an emergency stay of a preliminary injunction that has temporarily stopped President Obama's deferred action initiatives from being implemented.

The court's order keeps in place the hold on implementation of these initiatives while the Fifth Circuit considers the appeal of the preliminary injunction itself. The Fifth Circuit will hear argument on the appeal in early July. The deferred action initiatives, announced last November, include Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and an expansion of Deferred Action for Childhood Arrivals (DACA) and could provide as many as 4 to 5 million immigrants with a temporary relief from deportation.

In the meantime, the underlying case is pending in the district court in Brownsville, TX before Judge Andrew Hanen. The case is still in the early stages of discovery.

We will provide further updates as these cases progress through the judicial system.

 

Submitted by Attorney Amanda J. Bahena

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